VIRGIN ISLANDS RULES OF FAMILY DIVISION PROCEDURE Rule 55. Emergency Removal of a Child Initiated Without Prior Court Order

• Jurisdiction: United States

Rule 55. Emergency Removal of a Child Initiated Without Prior Court Order

(a) Authorization. A child who may be abused or neglected may be taken into custody without prior issuance of an order of the court only if the child is in imminent danger of death or serious injury pursuant to 5 V.I.C. § 2544. Without prior court order any physician, law enforcement officer or the Department of Human Services is authorized to take physical custody of a child when there is probable cause to believe that the child is neglected or abused and there is imminent danger to that child's life or health.

(b) Affidavit. An affidavit must be filed by a physician, law enforcement officer or the Department of Human Services alleging facts under existing law sufficient to establish grounds to take a child into custody. The affidavit must:

(1) be in writing and signed;
(2) specify the name, address, and gender of the child or, if unknown, designate the child by any name or description by which the child can be identified with reasonable certainty;
(3) specify that the child is of an age subject to the jurisdiction of the court;
(4) state the reasons why the child is being taken into custody;
(5) show reasonable efforts to prevent removal or why reasonable efforts were not required;
(6) request a court determination:

(A) that continued residence in the home is or is not contrary to the welfare of the
child;
(B) that there is probable cause to believe that the child is or is not in imminent danger of death or serious injury;
(C) that emergency removal is or is not necessary to avoid an ongoing risk to life, safety, or health of the minor child(ren);
(D) whether placement is facilitating a sense of normalcy by supporting the child(ren)'s participation in developmentally appropriate activities and events;
(E) whether there are no alternatives less drastic

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